Legal Opinion

Councilman v. Borough

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 187PublishedCited by 1 opinion

Appeal, No. 187, Oct. T., 1911, by defendant, from judgment of C. P. Potter Co., Dec. T., 1908, No. 11, on verdict for plaintiff in case of Frank D. Councilman v. Galeton Borough. Trespass to recover damages for personal injuries. Before Ormerod, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,160. Defendant appealed.

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Appeal, No. 187, Oct. T., 1911, by defendant, from judgment of C. P. Potter Co., Dec. T., 1908, No. 11, on verdict for plaintiff in case of Frank D. Councilman v. Galeton Borough. Trespass to recover damages for personal injuries. Before Ormerod, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,160. Defendant appealed. Errors assigned were (1) answer to defendant’s tenth point, quoted in opinion of Superior Court, and (2) refusal of binding instructions for defendant.

1Opinion of the Court

Opinion by

Beaver, J.,

The only question raised in this case is that of the contributory negligence of the plaintiff. Was the conduct of the plaintiff of such a character that the court could say, as matter of law, that it constituted contributory negligence?

The alleged error of the court, as set forth in the two assignments relied upon by the appellant, was the failure to direct a verdict for the defendant, and the answer to its tenth point for charge, the point and the answer being as follows: “10. That, under the evidence of the plaintiff, wherein he testified that he had gone over the…

2Cases cited10 opinions

  1. Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
  2. Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
  3. Collins v. PhiladelphiaSupreme Court of Pennsylvania · 1910
  4. Esher v. Mineral Railroad & Mining Co.Superior Court of Pennsylvania · 1905
  5. Rementer v. PhiladelphiaSuperior Court of Pennsylvania · 1909

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3Cited by1 opinion

  1. Lynch v. Winton BoroughSuperior Court of Pennsylvania · 1913

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